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Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)
....m No. LA Req/89 dated 19 December 1989(Annexure E) and also the inclusion of the property in the list abandoned properties as having been made any lawful authority. 6. Briefly stated, the facts of the case as set out in the writ petition run thus. The property in question belonged to J......late Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Bangladesh and another ………………Appellants Vs. Habib Zamil &...... (Sadar South) Dhaka as abandoned property. It is also asserted that the writ petition was not maintainable as it involved disputed questions of fact which could not be resolved without going into evidence and that the respondent had not availed himself of the remedy provided under section 7 of ..Category: Property Law | Date: | Hits: 73
Government of Bangladesh and others Vs. Hussain Mohammad Ershad, 2000, 29 CLC (AD)
.... 96 Cr. P. C. no such restriction on the right of a citizen can be imposed. Thus the submission that by search and seizure no fundamental right, of the petitioner is violated is misconceived on the facts of the instant case. The learned Judges of the High Court Division rightly directed the resp...... (Civil) Present: Latifur Rahman CJ A M Mahmudur Rahman J Kazi Ebadul Hoque J Government of Bangladesh and others ………………..Petitioners Vs. ...... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ..Category: Constitutional Law | Date: | Hits: 170
Zenith Packages Limited Vs. Member Labour Appellate Tribunal Dhaka and others, 2000, 29 CLC (AD)
....ce of East Pakistan & ors PLD 1961 (SC) 393 = 13 DLR (SC) 153 in that those decisions were on interpretation of section 19(1) of the Industrial Act 1947 and has no manner of application to the facts of the present casein which interpretation of section 42(2) of the Industrial Relations Ordin...... A M Mahmudur Rahman J Mahmudul Amin Choudhury J Zenith Packages Limited ……………….Petitioner Vs. Member Labour Appellate Tribunal Dhaka and others ………….Respondent Judgment May 28, 2000. The......e reason as given by us, find any reason to admit this petition for review. The review petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 160. ..Category: Labour and Industrial Law | Date: | Hits: 127
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....ll of entry. This particular case therefore is not a case of change in the exemption granted under section 19 of the Customs Act and the High Court Division failing to notice the distinction of the facts of the present case and the aforecited decision in 48 DLR (AD) 199 committed an error of la......Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Chowdhury J Kazi Ebadul Hoque J Bangladesh and others................ Appellants Vs. Mizanur Rahman…………&helli......of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ..Category: Fiscal/Taxation Law | Date: | Hits: 94
Billal Vs. State, 2000, 29 CLC (AD)
....dical College Hospital where the doctor declared the victim dead. Thereafter PW 4 to his residence and met PW 1 Roushan Ara, PW 3 Md Rabiul Alam and other tenants and came to know about the above facts of Saiful Islam, Billal and Dulal calling and taking away the victim. Thereafter he lodged fi...... Judgment April 2, 2000. The Evidence Act, 1872 (1 of 1872), Section 5 The Penal Code, 1860 (XLV of 1860), Sections 302/109 Calling and taking away of the victim by the appellant Billal and co-convict Saiful from his residence half...... Prosecution examined 6 PWs including the informant and the investigating officer Accused Saiful Islam made confessional statement which was recorded by a Magistrate 1st Class consideration of the evidence on record trial Court convicted the appellant under section 302 of the Penal Code and co-a..Category: Criminal Law | Date: | Hits: 58
Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)
.... filed by the respondent No. 1 at the time of hearing of this appeal that defendant No. 6 directed the defendant No. 1 to implement the judgment of the High Court Division. 14. In the above facts and circumstances and discussion made above we find no merit in this appeal. In the ......adul Hoque J Syed Jahangir Hossain ……………………………………….Appellant Vs. Md. Moyenuddin and others……………………………&h...... by the defendant No. 5 and on the basis of that enquiry report defendant No. 6 directed the Governing Body of the College to remove the plaintiff from his service. 4. After considering the evidence both oral and documentary and the law involved learned Assistant Judge by judgment dated ..Category: Others | Date: | Hits: 84
Novartis Foundation for Sustainable Dev. Vs. RK Ruma, General Sec., BIKASH & ors, 2000, 29 CLC (AD)
....there was a pending order by another Division Bench. The learned Judges who passed the impugned order ought to have been very careful and mindful in passing such order. 6. Now coming to the facts of the present case. Mr. SS Halder, learned Advocate appearing for the writ petitioner, subm......Novartis Foundation for Sustainable Development………………………….. Petitioner Vs. RK Ruma, General Secretary, BIKASH and others……………………… Respondents ......rfere with the impugned order. Consequently, the petition is dismissed with the observations indicated above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 138. ..Category: Others | Date: | Hits: 88
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....the parties became a past and closed transaction. 6. Leave was granted to consider the following submissions of the learned Advocate for the plaintiff-appellant: (1) Whether in the facts and circumstances of the case the suit for redemption of mortgage is maintainable or not and ...... Mahmudul Amin Choudhury J Asmat Ali………………………. Appellant Vs. Abdur Rafique Mridha and others………………….Respondents Judgment Febr......ants, the deed in question was out and out a deed of sale and hence the suit for redemption of mortgage is not maintainable. 4. The trial Court on consideration of the oral and documentary evidences on record held that the registered deed in question is a complete usufructuary mortgage w..Category: Property Law | Date: | Hits: 64
ASF Rahman and another Vs. AM Agha Yousuf and others, 2000, 29 CLC (AD)
....st setting aside of the election of a successful candidate in an election. But that analogy will not hold good in respect of the election of directors of a company including a Bank Company. In the facts and circumstances of the case appellants representing majority shares having contested the wr......on (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Kazi Ebadul Hoque J ASF Rahman and another…………………. Appellants Vs. ......garding locus standi of the appellants. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 127. ..Category: Business or Commercial Law | Date: | Hits: 107
Bisheswar Bhattacharjee Vs. Shantimoy Bhattacharjee and others, 2000, 29 CLC (AD)
....m the judgment and order dated 24 August 1998 passed by the High Court Division in FMA No. 27 of 1997. Judgment: Bimalendu Bikash Roy Chowdhury J.- The relevant facts are brief. The petitioner along with another brought in the First Court of Subordinate Judge...... Bikash Roy Choudhury J A M Mahmudur Rahman J Bisheswar Bhattacharjee…………………Petitioner Vs. Shantimoy Bhattacharjee and others………………… Respondents Judgment ......udge refusing to strike out the defence. This petition merits no consideration and is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 124. ..Category: Procedural Law | Date: | Hits: 97
Abdus Samad & ors Vs. Dt. Com. & Custodian of Vested Pty & Non-Res Pty, 2000, 29 CLC (AD)
....ision of the High Court Division. The petition is devoid of any force and the same is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ...... Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Abdus Samad (Md) and others………………. Petitioners Vs. Deputy ......s the owners thereof had left for India and the Government is in possession thereof through its lessee. 4. The Senior Assistant Judge, Sreenagar, dismissed the suit in consideration of the evidence on record. 5. The plaintiffs thereafter preferred an appeal therefrom. The appell..Category: Property Law | Date: | Hits: 59
Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)
....eave to appeal from the judgment and order dated 24 November 1998 of a Division Bench of the High Court Division discharging the Rule Nisi in Writ Petition No. 647 of 1998. 2. The relevant facts are brief. Being successful in the 12th BCS Examination the petitioners were appointed to the...... Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Delwar Hossain Mia (Md) and another…………………… Petitioners Vs. ...... substantial question of law has been made out for grant of leave in this case. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ..Category: Constitutional Law | Date: | Hits: 151
Abdul Hashem (Md) @ Bachchu Fakir and others Vs. State, 2000, 29 CLC (AD)
....n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ......iminal) Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Abdul Hashem (Md) @ Bachchu Fakir and others…………….……………..Petitio......p; December 8, 1999. The Evidence Act, 1872 (I of 1872), Section 5 When the sentence passed by the trial court is based on sufficient reliable legal evidence on record finding the accused not guilty by the High Court Division placing no reliance up..Category: Criminal Law | Date: | Hits: 64
Khalilur Rahman (Md) Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
....dinance, 1977 (II of 1977), Section 21 In writ jurisdiction under article 102 of the constitution variation of population of constituencies can not be resolved as it requires adjudication on facts on evidence. Chairman of a pourashava can not be an aggrieved person within the meaning of a......dur Rahman J Mahmudul Amin Choudhury J Khalilur Rahman (Md)………… …………Petitioner Vs. Government of Bangladesh and others………………. Respondents Judgment ......977 (II of 1977), Section 21 In writ jurisdiction under article 102 of the constitution variation of population of constituencies can not be resolved as it requires adjudication on facts on evidence. Chairman of a pourashava can not be an aggrieved person within the meaning of article 102..Category: Others | Date: | Hits: 82
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....as Syed Ishtiaq Ahmed rightly, pointed out, Articles 116 and 116A will be only making binds. What is that teeth? Are mere meaningful and substantive consultations and full disclosure of all connected facts during consultations enough? These are no doubt essential and necessary requirements in the pr......afa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Secretary, Ministry of Finance……………………Appellant Vs. Md. Masdar Hossain and others………………………Respondents Judgment December 2, 1999. Result: T......ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ..Category: Constitutional Law | Date: | Hits: 829
Badsha Mia & Others Vs. Abdul Kader and Others, 2000, 29 CLC (AD)
.... lower appellate Court that the signatures of the plaintiffs obtained on the blank stamp paper was used collusively to convert it into an arbitration agreement. This argument rests on a finding of facts which this Division hardly interferes with. In the instant suit the plaintiffs in an independ......ikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Badsha Mia & Others…………..Petitioners Vs. Abdul Kader and Others…………………...Respondents Judgment&nb...... infirmity in the decision of the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 79. ..Category: Civil Law | Date: | Hits: 104
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
....pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ......(5) The Code of Civil Procedure, 1908 (V of 1908), Order IX, rule 9 From the absence of any provision in the Ain prohibiting filing of an application under Order 9 rule 9 of the Code and from the specific mention of the Code in sub-section (5) of section 5 of the Ain it is clear th......he date of hearing of the suit and as such appellant could not proceed with the suit. Respondent No. 1 contested the case denying the aforesaid allegations of the appellant. On consideration of the evidence on record Artha Rin Adalat found that Advocate of the appellant had been to Dhaka for his..Category: Business or Commercial Law | Date: | Hits: 104
Jihad Ahmed and others Vs. Bangladesh Power Development Board and others, 2000, 29 CLC (AD)
....nstruction cannot have the overriding effect on the Service Rules of the PDB. The case of Bangladesh vs. Shafiuddin Ahmed, 50 DLR (AD) 27 cited by the learned Advocate is distinguishable from the facts of the present case. As in that case the breach constitutes a violation of some statutory or ...... ...... accepted. 8. Consequently, both the points of Sheikh Razzaque Ali failed. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 75. ..Category: Employment/Service Law | Date: | Hits: 90
Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)
....nion need not be mentioned in the order communicated to Director, Chairman or Chief Executive of the banking company. 12. In our view the High Court Division committed no illegality in the facts and circumstances and the law involved in the instant case in discharging the Rule. So the im...... Bimalendu Bikash Roy Choudhury J Kazi Ebadul Hoque J Abdur Rahim Chowdhury………………..Appellant Vs. Bangladesh Bank and others ……………….Respondents Judgment Fe......gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ..Category: Business or Commercial Law | Date: | Hits: 116
Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
....the High Court Division acted judicially and properly in passing the impugned order. 12. It appears from the impugned judgment that the High Court Division without considering the relevant facts and circumstance of the case, particularly the fact that the appellant mother has alleged tha......Abdur Rouf J Bimalendu Bikash Roy Choudhury J Jharna Rani Saha………………...Appellant Vs. Khondaker Zayedul Hoque alias Jahangir and another……….. Respondent Judgment ......hest court has the best opportunity to decide the matter of custody since all the facts are before the Court and the matter need not be made a subject of further proceeding. He submits that primary evidence being there that the girl is minor and that she is the victim of an offence, she should b..Category: Criminal Law | Date: | Hits: 48
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